Sewerage (Scotland) Act 1968
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Change 1
36 Review of continuation of existing discharge.
(1) Scottish Water may, and when requested by the person making the discharge shall, review the making of an existing discharge and may direct that any continuation of the discharge shall be either unconditional or subject to such conditions as it may think fit to impose. (2) Scottish Water may by direction from time to time, and when requested by the person making the discharge shall, review a direction under the foregoing subsection, but, unless Scottish Water and the person making the discharge otherwise agree in writing, reviews under this subsection shall not take place at intervals of less than two years. (3) Section 29 above, except subsection (1) so far as relating to the refusal of consent and subsection (2), and section 30 above shall, with any necessary modifications, apply to a direction under this section as they apply to a decision under the said section 29; and subsections (2), (3) and (6), and subject to subsection (4) below, subsection (7) of section 32 above, shall apply to such a direction as they apply to a direction under the said section 32. (4) Where Scottish Water has directed under subsection (1) above that the continuation of the discharge shall be subject to conditions imposed by it which did not previously apply to the making of the discharge, and an appeal is made against the imposition of those conditions, it shall be for Scottish Water to establish that the circumstances of the making of the discharge or its reception, treatment or disposal are so altered as compared with those pertaining before the date of the commencement of section 33 above that it is reasonable that those conditions should be imposed.
36 Review of continuation of existing discharge.
(1) Scottish Water may, and when requested by the person making the discharge shall, review the making of an existing discharge and may direct that any continuation of the discharge shall be either unconditional or subject to such conditions as it may think fit to impose. (2) Scottish Water may by direction from time to time, and when requested by the person making the discharge shall, review a direction under the foregoing subsection, but, unless Scottish Water and the person making the discharge otherwise agree in writing, reviews under this subsection shall not take place at intervals of less than two years. (3) Section 29 above, except subsection (1) so far as relating to the refusal of consent and subsection (2), and section 30 above shall, with any necessary modifications, apply to a direction under this section as they apply to a decision under the said section 29; and subsections (2), (3) and (6), and subject to subsection (4) below, subsection (7) of section 32 above, shall apply to such a direction as they apply to a direction under the said section 32. (4) Where Scottish Water has directed under subsection (1) above that the continuation of the discharge shall be subject to conditions imposed by it which did not previously apply to the making of the discharge, and an appeal is made against the imposition of those conditions, it shall be for Scottish Water to establish that the circumstances of the making of the discharge or its reception, treatment or disposal are so altered as compared with those pertaining before the date of the commencement of section 33 above that it is reasonable that those conditions should be imposed.
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